U.S. District CourtEastern District of Virginia (Alexandria)CIVIL DOCKET FOR CASE #: 1:04-cv-00807-CMH-LOEdited versionDISCLAIMERThis document was copied from the
original source on February 4, 2006.Updates were made from that point
on, but the original should be consulted for anylegal use, since there is no
guarantee that this one is correct or up-to-date.The latest update to this version
of the docket was on June 20, 2007.

NOTE: Entries in RED do not appear
in the official version of the Docket.

Reply in Support of [280] Bill of Costs filed by The New York Times
Company. (jsol, ) (Entered: 03/06/2007)

03/02/2007

285

ORDER of USCA as to [279] Notice of Appeal filed by Steven J. Hatfill,
[282] Notice of Cross Appeal filed by The New York Times Company the court
consolidates these cases for purposes of briefing and oral argument 07-1124,
07-1162 (see order for details). (nmck, ) (Entered: 03/05/2007)

NOTICE OF CROSS APPEAL as to [121] Order on Motion to Compel, dated
10/20/06 [147] Order dated 10/31/06, by The New York Times Company. Filing
fee $455, receipt number 100 193515. Copy sent to USCA. Copy sent to parties.
(nmck, ) (Entered: 02/27/2007)

For reasons stated in the Momorandum Opinion it is hereby ORDERED that
the dft's Motion for Summary Judgment is GRANTED and this case is DISMISSED.
Signed by Judge Claude M. Hilton on 1/30/07. (bhav, ) (Entered: 02/01/2007)

Memorandum in Opposition to Deft's [266]
MOTION for an Order Dismissing the Complaint Under the "State Secrets"
Doctrine filed by Steven J. Hatfill. (REDACTED VERSION) (pmil) (Entered:
01/16/2007)

01/12/2007

275

DECLARATION of Steven A. Fredley, counsel for Steven J. Hatfill, in
Support of Pltf's [274] Memorandum in Opposition
to Deft's Motion for an Order Dismissing the Complaint Under the "State
Secrets" Doctrine. (UNDER SEAL) (pmil) (Entered: 01/16/2007)

Memorandum in Opposition to Deft's [266]
MOTION for an Order Dismissing the Complaint Under the "State Secrets"
Doctrine filed by Steven J. Hatfill. (UNDER SEAL) (pmil) (Entered: 01/16/2007)

01/12/2007

273

ORDER It appearing to the Court that Dft's Motion for Summary Judgment
should be granted, it is hereby ORDERED that this matter be STRICKEN from
this Court's trial docket. An appropriate Memorandum Opinion and Order
shall issue. Signed by Judge Claude M. Hilton on 1/12/07. Copies sent.
(tarm, ) (Entered: 01/12/2007)

ORDER This matter comes before the Court on Dft's [261]/[262] Objections
to the Magistrate Judge's Order of 12/20/06, denying Dft's Motion to Compel
Discovery from Non-party SAIC. It appearing to the Court that the Magistrate
Judge's Order of 12/20/06 is not clearly erroneous or contrary to law,
the Magistrate Judge's Order is AFFIRMED. Signed by Judge Claude M. Hilton
on 1/5/07. Copies sent. (tarm, ) (Entered: 01/09/2007)

01/05/2007

270

Amended NOTICE of Hearing on Motion [266] MOTION for an Order Dismissing
the Complaint Under the "State Secrets" Doctrine: Motion Hearing set for
1/19/2007 10:00 AM before District Judge Claude M. Hilton. (clar, ) (Entered:
01/09/2007)

Motion for an Order Dismissing the Complaint
Under The "State Secrets" Doctrine

01/05/2007

Minute Entry for proceedings held before Judge Claude M. Hilton : Motion
Hearing held on 1/5/2007. Appearance of counsel for Pltf, Dft, and SAIC.
[261] OBJECTIONS to the Magistrate Judge's [247] Order Denying Motion to
Compel Discovery from Nonparty Science Applications International Corporation
filed by The New York Times Company - Denied, ruling of the Magistrate
Judge is Affirmed; [203] MOTION in Limine filed by The New York Times Company
- Taken under advisement; [206] MOTION for Summary Judgment filed by The
New York Times Company - Argued and taken under advisement. Order to follow.
(Court Reporter Linnell.) (tarm, ) (Entered: 01/05/2007)

01/03/2007

265

Response by Science Applications International Corportation to [261]
OBJECTIONS by The New York Times Company to the Magistrate Judge's [247]
12/20/06 Order Denying Motion to Compel Discovery from Nonparty Science
Applications International Corporation. (stas) (Entered: 01/03/2007)

12/29/2006

264

NOTICE of Hearing on [261] OBJECTIONS by The New York Times Company
to the Magistrate Judge's [247] 12/20/06 Order Denying Motion to Compel
Discovery from Nonparty Science Applications International Corporation.
(UNDER SEAL VERSION): Motion Hearing set for 1/5/2007 at 10:00 AM before
District Judge Claude M. Hilton. (stas) (Entered: 12/29/2006)

12/29/2006

263

DECLARATION of John B. O'Keefe, Esq. re: [261] OBJECTIONS by The New
York Times Company to the Magistrate Judge's [247] 12/20/06 Order Denying
Motion to Compel Discovery from Nonparty Science Applications International
Corporation. (stas) (Entered: 12/29/2006)

12/29/2006

262

OBJECTIONS by The New York Times Company to Magistrate Judge's [247]
12/20/06 Order Denying Motion to Compel Discovery from Nonparty Science
Applications International Corporation. (REDACTED VERSION OF OBJECTIONS)
(stas) (Entered: 12/29/2006)

12/29/2006

261

OBJECTIONS by The New York Times Company to the Magistrate Judge's
[247] 12/20/06 Order Denying Motion to Compel Discovery from Nonparty Science
Applications International Corporation. (UNDER SEAL VERSION) (stas) (Entered:
12/29/2006)

12/22/2006

259

ORDER that the Magistrate Judge's Order is AFFIRMED [234]. Signed by
Judge Claude M. Hilton on 12/22/06. c/s: 12/27/06 (agil) (Entered: 12/27/2006)

Reply memroandum in Support of [203] MOTION in Limine for an Order
providing that Pltf may not seek relief in this action for any allegedly
defamatory statements contained in, or for any defamatory meaning allegedly
communicated by those columns by Nicholas Kristof that were published by
the Times prior to June 18, 2002, including his columns published in January
and May 2002 filed by The New York Times Company. (clar, ) (Entered: 12/26/2006)

Reply memorandum in Support of [206] MOTION for Summary Judgment filed
by The New York Times Company. (clar, ) (Entered: 12/26/2006)

12/21/2006

Per CMH chambers motions set for 12/22/06 on papers (clar, ) (Entered:
12/21/2006)

12/20/2006

248

Response to [234] Objections to Magistrate Judge's order denying motion
to compel discovery from nonparty United States Department of defense filed
by United States Department of Justice. (clar, ) (Entered: 12/21/2006)

12/20/2006

247

For the reasons stateds from the bench and in accord with specific
rulings thereto, it is ORDERED that Defendant's Motion to Compel Discovery
from SAIC and Former SAIC Employee Joseph Soukup (Dkt. 229) is DENIED as
to SAIC. SEE ORDER FOR MORE DETAILS.. Signed by Judge Liam O'Grady on 12/20/2006.
(nbla, ) (Entered: 12/21/2006)

12/19/2006

246

Notice of Withdrawal of Motion to Compel Third Party Discovery (Dkt.
#229, filed 12/08/06) by The New York Times Company (pmil) (Entered: 12/20/2006)

12/15/2006

245

DECLARATION of Patrick O'Donnell in support of Pltf's [242] Memorandum
in Opposition to Deft's Motion for Summary Judgment. (pmil) (Entered: 12/20/2006)

Minute Entry for proceedings held before Judge Liam O'Grady : Motion
Hearing held on 12/15/2006 re [229] MOTION to Compel filed by The New York
Times Company. Appearances; of counsel. ORDER TO FOLLOW (Tape #ftr.) (nbla,
) (Entered: 12/20/2006)

NOTICE of Hearing on Motion [234] Objections to Magistrate Judge's
order denying motion to compel discovery from nonparty United States Department
of defense: Motion Hearing set for 12/22/2006 10:00 AM before District
Judge Claude M. Hilton. (clar, ) (Entered: 12/13/2006)

12/12/2006

234

Objections to Magistrate Judge's order denying motion to compel discovery
from nonparty United States Department of defense by The New York Times
Company. (clar, ) (Entered: 12/13/2006)

Memorandum of law in Support of [229] MOTION to Compel discovery from
SAIC and former SAIC employee Joseph Soukup filed by The New York Times
Company (tog. w/Exhibits to the declaration of John B. O'Keefe filed UNDER
SEAL) (UNDER SEAL) (clar, ) (Entered: 12/11/2006)

Memorandum of law in Support of [229] MOTION to Compel discovery from
SAIC and former SAIC employee Joseph Soukup filed by The New York Times
Company. (clar, ) (Entered: 12/11/2006)

12/08/2006

229

MOTION to Compel discovery from SAIC and former SAIC employee Joseph
Soukup by The New York Times Company. (clar, ) (Entered: 12/11/2006)

12/08/2006

228

ORDER that Pltf's [213] Emergency Motion to Strike Declarations in
Support of Deft's Motion for Summary Judgment is DENIED, and Pltf is granted
leave to respond to the declarations in the same format and with the same
number of pages as the declarations submitted by Deft; Pltf's request for
attorneys' fees is DENIED. Signed by Judge Claude M. Hilton on 12/08/06.
Copies mailed: yes (pmil) (Entered: 12/09/2006)

12/08/2006

227

ORDER re: Pltf's [200] Objections to the Magistrate Judge's Order of
11/20/06, enforcing the 11/02/06 discovery order. It appearing to the Court
that the Magistrate Judge's Order of 11/20/06 is not clearly erroneous
or contrary to law, it is ORDERED that the Magistrate Judge's Order is
AFFIRMED. Signed by Judge Claude M. Hilton on 12/08/06. Copies mailed:
yes (pmil) (Entered: 12/09/2006)

12/07/2006

Per CMH chambers motions set for 12/8/06 on papers (clar, ) (Entered:
12/07/2006)

12/07/2006

226

Opposition to [213] MOTION to Strike declarations filed by The New
York Times Company (large pleading) (clar, ) (Entered: 12/07/2006)

12/06/2006

225

Memorandum in Response to [200] Objections to Magistrate Judge O'Grady's
decision not to impose certain sanctions for failure to identify material
witnesses filed by The New York Times Company (UNDER SEAL) (clar, ) (Entered:
12/07/2006)

12/06/2006

224

Memorandum in Response to [200] Objections to Magistrate Judge O'Grady's
decision not to impose certain sanctions for failure to identify material
witnesses filed by The New York Times Company (large pleading)(redacted
public version) (clar, ) (Entered: 12/07/2006)

Objections to Pltf's Supplemental Trial Exhibit List filed by The New
York Times Company. (pmil) (Entered: 12/06/2006)

12/06/2006

221

ORDER that the Deposition of Mr. Broad shall resume on 12/07/06 or
some other date on which Counsel agree. Signed by Judge Liam O'Grady on
12/06/06. Copies mailed: yes (pmil) (Entered: 12/06/2006)

12/04/2006

220

DECLARATION of Jay Ward Brown in Support of Deft's [206] MOTION for
Summary Judgment by The New York Times Company. (together w/6 Vols of Exhibits
- binded) (LARGE PLEADING) (REDACTED PUBLIC VERSION) (pmil) (Entered: 12/06/2006)

12/04/2006

219

Memorandum in Support of Deft's [206] MOTION for Summary Judgment filed
by The New York Times Company. (REDACTED PUBLIC VERSION) (pmil) (Entered:
12/06/2006)

NOTICE of Hearing on [213] MOTION by Steven J. Hatfill to Strike the
[210] DECLARATION of Jay Ward Brown in support of [206] Motion by The New
York Times Company for Summary Judgment,[208] DECLARATION of Chad R. Bowman
in support of [206] Motion by The New York Times Company for Summary Judgment,
and enumerated paragraphs of the [209]DECLARATION of Nicholas D. Kristof
in support of [206] Motion by The New York Times Company for Summary Judgment:
Motion Hearing set for 12/15/2006 at 10:00 AM before District Judge Claude
M. Hilton. (stas) (Entered: 12/05/2006)

12/04/2006

214

Memorandum by Steven J. Hatfill in Support of [213] MOTION by Steven
J. Hatfill to Strike the [210] DECLARATION of Jay Ward Brown in support
of [206] Motion by The New York Times Company for Summary Judgment,[208]
DECLARATION of Chad R. Bowman in support of [206] Motion by The New York
Times Company f or Summary Judgment, and enumerated paragraphs of the [209]DECLARATION
of Nicholas D. Kristof in support of [206] Motion by The New York Times
Company for Summary Judgment. (stas, ) (Entered: 12/05/2006)

12/04/2006

213

MOTION by Steven J. Hatfill to Strike the [210] DECLARATION of Jay
Ward Brown in support of [206] Motion by The New York Times Company for
Summary Judgment,[208] DECLARATION of Chad R. Bowman in support of [206]
Motion by The New York Times Company for Summary Judgment, and enumerated
paragraphs of the [209]DECLARATION of Nicholas D. Kristof in support of
[206] Motion by The New York Times Company for Summary Judgment. (stas)
(Entered: 12/05/2006)

ORDER that the parties' [191] Consent Motion for Entry of Protective
Order with Sealing Provisions is GRANTED, and the proposed protective order
with sealing provisions submitted by the parties is hereby ENTERED (see
Order for details). Signed by Judge Liam O'Grady on 12/01/06. Copies mailed:
yes (pmil) (Entered: 12/05/2006)

DECLARATION of Nicholas D. Kristof in support of Deft's [206] Motion
for Summary Judgment by The New York Times Company. (together w/Exhibits
- 2 Binded Vols)(LARGE PLEADING) (pmil) (Entered: 12/04/2006)

12/01/2006

208

DECLARATION of Chad R. Bowman in support of Deft's [206] Motion for
Summary Judgment by The New York Times Company. (together w/Exhibits -
Binded)(LARGE PLEADING) (pmil) (Entered: 12/04/2006)

12/01/2006

207

Unredacted Memorandum of Law in Support of [206] Motion for Summary
Judgment filed by The New York Times Company. (UNDER SEAL) (pmil) (Entered:
12/04/2006)

12/01/2006

206

MOTION for Summary Judgment by The New York Times Company. (pmil)
(Entered: 12/04/2006)

12/01/2006

205

Objection to Pltf's Initial Proposed Trial Exhibits filed by The New
York Times Company. (pmil) (Entered: 12/04/2006)

12/01/2006

204

NOTICE of Hearing on [203] MOTION in Limine for an Order providing
that Pltf may not seek relief in this action for any allegedly defamatory
statements contained in, or for any defamatory meaning allegedly communicated
by those columns by Nicholas Kristof that were published by the Times prior
to June 18, 2002, including his columns published in January and May 2002
: Motion Hearing set for 1/5/2007 10:00 AM before District Judge Claude
M. Hilton. (pmil) (Entered: 12/04/2006)

12/01/2006

203

MOTION in Limine for an Order providing that Pltf may not seek relief
in this action for any allegedly defamatory statements contained in, or
for any defamatory meaning allegedly communicated by those columns by Nicholas
Kristof that were published by the Times prior to June 18, 2002, including
his columns published in January and May 2002 by The New York Times Company.
(pmil) (Entered: 12/04/2006)

12/01/2006

202

Letter Response to Order of 11/20/06 filed by The New York Times Company.
(SENT TO LO) (pmil) (Entered: 12/04/2006)

Minute Entry for proceedings held before Judge Liam O'Grady :Appearances;
of counsel- Motion Hearing held on 12/1/2006 re [191] MOTION for Protective
Order filed by The New York Times Company, United States Department of
Justice - GRANTED. (Tape #ftr.) (nbla, ) (Entered: 12/04/2006)

Supplemented Rule 26 Pretrial Disclosures by The New York Times Company.
(bhav, ) (Entered: 11/30/2006)

11/28/2006

197

ORDER that [149] Motion to Compel Discovery from Non-Party US DOD is
denied as to any further answers to depo questions or interrogatories.
. Signed by Judge Liam O'Grady on 11/28/06. (jsol, ) (Entered: 11/30/2006)

11/27/2006

196

ORDER that Deft's [184] Motion for Leave to File a consolidated statement
of facts with its brief in support of its motion for summary judgment and
[185] for Leave to File a consolidated brief in support of its motions
presenting non-dispositive issues of law required to be resolved prior
to trial is GRANTED-in-part and DENIED-in part; Deft shall have leave to
file a forty-five (45) page summary judgment motion, to include the issues
of choice of law and status of the Pltf, as well as a listing of the undisputed
facts as required by Local Rule 56(B). Accordingly, Pltf shall have leave
to file a forty-five (45) page response to Deft's summary judgment motion.
Deft shall have the costomary twenty (20) pages for its reply, in accordance
with Local Rule 7(F)(3). Notwithstanding this Order, Deft may file separately
to exclude from the jury's consideration one of the columns as time barred.
The remainder of Deft's motion is DENIED (see Order for details). Signed
by Judge Liam O'Grady on 11/27/06. Copies mailed: yes (and faxed by chambers)
(pmil) (Entered: 11/29/2006)

11/22/2006

193

Plaintiff's Submission of Itemization of Fees and Costs Relating to
Motion for Sanctions by Steven J. Hatfill. (pmil) (Entered: 11/24/2006)

ORDER that Deft's [153] MOTION to Compel Discovery from Nonparty SAIC
filed by The New York Times Company is DENIED as to any further responsive
documents. The affidavit provided by SAIC detailed the search conducted
for classified documents. Based on this affidavit, the Court finds that
a competent, through search has been completed and there are no remaining
documents responsive to Deft's request. Signed by Judge Liam O'Grady on
11/21/06. Copies mailed: yes (pmil) (Entered: 11/22/2006)

11/20/2006

186

NOTICE of Hearing on Motion [185] MOTION for Leave to File a consolidated
brief in support of its motions presenting non-dispositive issues of law
required to be resolved prior to trial, [184] MOTION for Leave to File
a consolidated statement of facts with its brief in support of its motion
for summary judgment: Motion Hearing set for 12/1/2006 10:00 AM before
Magistrate Judge Liam O'Grady. (clar, ) (Entered: 11/21/2006)

11/20/2006

185

MOTION for Leave to File a consolidated brief in support of its motions
presenting non-dispositive issues of law required to be resolved prior
to trial by The New York Times Company. (clar, ) (Entered: 11/21/2006)

11/20/2006

184

MOTION for Leave to File a consolidated statement of facts with its
brief in support of its motion for summary judgment by The New York Times
Company. (clar, ) (Entered: 11/21/2006)

11/17/2006

182

REPLY MEMORANDUM in Support of Deft's [170] MOTION for leave to take
two depositions De Bene Esse and one discovery deposition out of time filed
by The New York Times Company. (REDACTED VERSION) (pmil) (Entered: 11/20/2006)

11/17/2006

181

REPLY MEMORANDUM in Support of Deft's [170] MOTION for leave to take
two depositions De Bene Esse and one discovery deposition out of time filed
by The New York Times Company. (UNDER SEAL) (pmil) (Entered: 11/20/2006)

11/17/2006

Minute Entry for proceedings held before Judge Liam O'Grady : Appearances;
of counselMotion Hearing held on 11/17/2006 re [172] MOTION for supplemental
enforcement of discovery orders Pursuant to Rule 37 filed by Steven J.
Hatfill,, [170] MOTION for leave to take two depositions De Bene Esse and
one discovery deposition out of time filed by The New York Times Company,,
[149] MOTION to Compel filed by The New York Times Company, - ORDER TO
FOLLOW. (Tape #ftr.) (nbla, ) (Entered: 11/17/2006)

11/16/2006

179

Pretrial Statement (Exhibits and Witness Lists) by The New York Times
Company. (tarm, ) (Entered: 11/16/2006)

11/16/2006

Minute Entry for proceedings held before Judge Claude M. Hilton : Final
Pretrial Conference held on 11/16/2006. Appearance of counsel. Jury Trial
set for 1/29/2007 @ 10:00 AM before District Judge Claude M. Hilton. Dft
requests that the following briefing schedule be set for Summary Judgment
motions: Dispositive motions to be filed by 12/1/06; Responses by 12/15/06;
Replies by 12/22/06; Motion hearing to be set for 1/5/07. Schedule approved
by CMH but does not prevent Judge O'Grady from changing schedule if necessary.
Dft's motion for use of evidence presentation system at trial - Denied.
Video depositions permitted to be played. Jury to be given the articles
at issue in this case prior to opening statements. (Court Reporter Linnell.)
(tarm, ) (Entered: 11/16/2006)

11/15/2006

178

Partial Opposition to [170] MOTION for leave to take two depositions
De Bene Esse and one discovery deposition out of time filed by Steven J.
Hatfill. (clar, ) (Entered: 11/16/2006)

MOTIONS [170] MOTION for leave to take two depositions De Bene Esse
and one discovery deposition out of time REFERRED to Judge O'Grady. (clar,
) (Entered: 11/13/2006)

11/09/2006

171

NOTICE of Hearing on Motion [170] MOTION for leave to take two depositions
De Bene Esse and one discovery deposition out of time: Motion Hearing set
for 11/17/2006 10:00 AM before Magistrate Judge Liam O'Grady. (clar, )
(Entered: 11/13/2006)

11/09/2006

170

MOTION for leave to take two depositions De Bene Esse and one discovery
deposition out of time by The New York Times Company. (clar, ) (Entered:
11/13/2006)

11/09/2006

169

For the reasons stated from the bench and in accord with specific rulings
thereto, it is ORDERED - ORDER granting [153] Defendant's Motion to Compel
Discovery from Nonparty SAIC. SEE ORDER FOR MORE SPECIFIC DETAILS.. Signed
by Judge Liam O'Grady on 11/09/2006. (nbla, ) (Entered: 11/13/2006)

11/09/2006

Minute Entry for proceedings held before Judge Liam O'Grady : Appearances;
of counsel.Motion Hearing held on 11/9/2006 re [153] MOTION to Compel filed
by The New York Times Company argued and GRANTED. ORDER TO FOLLOW. (Tape
#ftr.) (nbla, ) (Entered: 11/13/2006)

REPLY in Support of Deft's [153] MOTION to Compel Discovery from Nonparty
SAIC filed by The New York Times Company. (REDACTED VERSION) (pmil) (Entered:
11/09/2006)

11/09/2006

165

REPLY MEMORANDUM in Support of Deft's [153] MOTION to Compel Discovery
from Nonparty SAIC filed by The New York Times Company. (UNDER SEAL) (pmil)
(Entered: 11/09/2006)

11/08/2006

164

AGREED ORDER that the date for The New York Times Company to Compel
Discovery From Nonparty United States Department of Defense is CONTINUED
until 11/17/06. DOD will file its opposition on or before 11/14/06. Signed
by Judge Liam O'Grady on 11/08/06. Copies mailed: yes (pmil) (Entered:
11/09/2006)

Set/Reset Deadlines as to [149] MOTION to Compel discovery from nonparty
United States Department of Defense Motion Hearing set for 11/17/2006 10:00
AM before Magistrate Judge Liam O'Grady. (clar, ) (Entered: 11/08/2006)

11/03/2006

159

ORDER denying [117] MOTION to Compel production of documents stores
at home by times employees by Steven J. Hatfill. Signed by Judge Liam O'Grady
on 11/03/06. Copies mailed. (kbar, ) (Entered: 11/06/2006)

Memorandum of law in Support of [149] MOTION to Compel discovery from
nonparty United States Department of Defense filed by The New York Times
Company. (clar, ) (Entered: 11/06/2006)

11/03/2006

149

MOTION to Compel discovery from nonparty United States Department of
Defense by The New York Times Company. (clar, ) (Entered: 11/06/2006)

11/02/2006

148

ORDER that Deft shall reveal the identity of Confidential Sources #2,
#3 and #4, to Pltf no later than Wednesday, 11/08/06. (see Order for details)
Signed by Judge Liam O'Grady on 11/02/06. Copies mailed: yes (Copies faxed
by chambers as well)(pmil) (Entered: 11/03/2006)

10/31/2006

147

ORDER It appearing to the Court that the Magistrate Judge's Order of
10/20/06, compelling disclosure of a reporters confidential sources, is
not clearly erroneous or contrary to law, the Magistrate Judge's Order
is AFFIRMED. Signed by Judge Claude M. Hilton on 10/31/06. Copies sent.
(tarm, ) (Entered: 11/02/2006)

10/31/2006

146

ORDER It appearing to the Court that the Magistrate Judge's Order of
10/3/06, denying Dft's Motion to Compel Discovery from nonparties Department
of Justice and the Central Intelligence Agency, is not clearly erroneous
or contrary to law, the Magistrate Judge's Order is hereby AFFIRMED. Signed
by Judge Claude M. Hilton on 10/31/06. Copies sent. (tarm, ) (Entered:
11/02/2006)

ORDER For the reasons stated from the bench, Dfts [100] Motion to Stay
the Proceedings is DENIED, and Dft's [126] Emergency Motion to Stay Enforcement
of Order is GRANTED and enforcement of the Magistrate's Order of 10/20/06
is hereby STAYED until Friday 10/27/06. Signed by Judge Claude M. Hilton
on 10/27/06. Copies sent. (tarm, ) (Entered: 10/27/2006)

10/27/2006

141

REPLY MEMORANDUM in Support of Deft's [122] OBJECTIONS to Magistrate
Judge's order denying motion to compel discovery from DOJ and CIA filed
by The New York Times Company. (pmil) (Entered: 10/27/2006)

10/27/2006

140

CORRECTED Memorandum in Support of Deft's [133] OBJECTIONS to Magistrate
Judge's order compelling the disclosure of a reporter's confidential sources
filed by The New York Times Company. (UNDER SEAL VERSION) (pmil) (Entered:
10/27/2006)

10/27/2006

139

CORRECTED Memorandum in Support of Deft's [133] OBJECTIONS to Magistrate
Judge's order compelling the disclosure of a reporter's confidential sources
filed by The New York Times Company. (REDACTED PUBLIC VERSION) (pmil) (Entered:
10/27/2006)

10/26/2006

138

ORDER that Deft's [110] Motion to Modify the Pretrial Order is GRANTED-IN-PART
and DENIED-IN-PART; the parties will have until 11/22/06 to complete discovery
on all issues. However, the parties shall complete as much discovery as
possible by 11/16/06, the date scheduled for the Final Pre-Trial Conference.
The parties shall file Initial Witness and Exhibit lists at that conference.
However, in light of the extended period of discovery ordered above the
parties may supplement their Witness and Exhibit lists, if necessary, by
11/29/06 and file any objections to the supplemental list by 12/06/06;
the current 11/03/06 deadline for dispositive motions is VACATED. The parties
shall discuss a revised schedule for filing of pre-trial dispositive motions
w/the trial judge during the Final Pre-Trial Conference. The Court denies
the remainder of the requests in Deft's motion. This Court's Order does
not alter the date of the Final Pre-Trial Conference before the District
Judge, which will be held on 11/16/06 (see Order for details). Signed by
Judge Liam O'Grady on 10/26/06. Copies mailed: yes (pmil) (Entered: 10/27/2006)

10/26/2006

Per LO chambers motions set for 10/27/06 on papers (clar, ) (Entered:
10/26/2006)

10/26/2006

Per CMH chambers motions set for 10/27/06 on papers (clar, ) (Entered:
10/26/2006)

Memorandum in Support of [133] Objections to Magistrate Judge's order
compelling the disclosure of a reporter's confidential sources filed by
The New York Times Company (UNDER SEAL) (clar, ) (Entered: 10/26/2006)

10/26/2006

135

Declaration of John B. O'Keefe (clar, ) (Entered: 10/26/2006)

10/26/2006

134

Memorandum in Support of [133] Objections to Magistrate Judge's order
compelling the disclosure of a reporter's confidential sources filed by
The New York Times Company. (clar, ) (Entered: 10/26/2006)

10/26/2006

133

Objections to Magistrate Judge's order compelling the disclosure of
a reporter's confidential sources by The New York Times Company. (clar,
) (Entered: 10/26/2006)

10/25/2006

132

Response to defts' [122] Objections to Magistrate Judge's order denying
motion to compel discovery from DOJ and CIA filed by United States Department
of Justice. (clar, ) (Entered: 10/26/2006)

10/25/2006

131

Opposition to [117] MOTION to Compel production of documents stores
at home by times employees filed by The New York Times Company. (clar,
) (Entered: 10/26/2006)

Minute Entry for proceedings held before Judge Claude M. Hilton : Motion
Hearing held on 10/25/2006. Appearance of counsel. Dft's [126] MOTION to
Stay Enforcement of [121] Order by The New York Times Company - Granted
and Order is stayed until Friday, 10/27/06. Hearing cont'd to 10/27/06
at 10:00. Dft's motion to stay case pending outcome of criminal investigation
- Denied. (Court Reporter Linnell.) (tarm, ) (Entered: 10/25/2006)

Opposition of [126] Emergency MOTION to Stay enforcement of [121] ORDER
that Pltf's [83] Motion to Compel the Identity of Deft's Confidential Sources
is GRANTED. Deft shall reveal the identity of Confidential Sources #2,#3
and #4, to Pltf no later than Wednesday, 10/25/06 filed by Steven J. Hatfill.
(clar, ) (Entered: 10/24/2006)

10/23/2006

127

NOTICE of Hearing on Motion [126] Emergency MOTION to Stay enforcement
of [121] ORDER that Pltf's [83] Motion to Compel the Identity of Deft's
Confidential Sources is GRANTED. Deft shall reveal the identity of Confidential
Sources #2,#3 and #4, to Pltf no later than Wednesday, 10/25/06: Motion
Hearing set for 10/27/2006 10:00 AM before District Judge Claude M. Hilton.
(clar, ) (Entered: 10/23/2006)

10/23/2006

126

Emergency MOTION to Stay enforcement of [121] ORDER that Pltf's [83]
Motion to Compel the Identity of Deft's Confidential Sources is GRANTED.
Deft shall reveal the identity of Confidential Sources #2,#3 and #4, to
Pltf no later than Wednesday, 10/25/06, by The New York Times Company.
(clar, ) (Entered: 10/23/2006)

Memorandum in Support of [122] Objections to Magistrate Judge's order
denying motion to compel discovery from DOJ and CIA filed by The New York
Times Company. (Redacted public version) (clar, ) (Entered: 10/23/2006)

10/20/2006

123

Memorandum in Support of [122] Objections to Magistrate Judge's order
denying motion to compel discovery from DOJ and CIA filed by The New York
Times Company. (UNDER SEAL) (clar, ) (Entered: 10/23/2006)

10/20/2006

122

Objections to Magistrate Judge's order denying motion to compel discovery
from DOJ and CIA by The New York Times Company. (clar, ) (Entered: 10/23/2006)

10/20/2006

121

ORDER that Pltf's [83] Motion to Compel the Identity of Deft's Confidential
Sources is GRANTED. Deft shall reveal the identity of Confidential Sources
#2,#3 and #4, to Pltf no later than Wednesday, 10/25/06 (see Order for
details). Signed by Judge Liam O'Grady on 10/20/06. Copies mailed: yes
(Copies faxed by chambers) (pmil) (Entered: 10/23/2006)

10/20/2006

120

REPLY MEMORANDUM in Support of Its [110] MOTION to modify the pre-trial
order filed by The New York Times Company. (pmil) (Entered: 10/23/2006)

10/20/2006

119

NOTICE of Hearing on Motion [117] MOTION to Compel production of documents
stores at home by times employees: Motion Hearing set for 10/27/2006 10:00
AM before Magistrate Judge Liam O'Grady. (clar, ) (Entered: 10/23/2006)

10/20/2006

118

Memorandum in Support of [117] MOTION to Compel production of documents
stores at home by times employees filed by Steven J. Hatfill. (clar, )
(Entered: 10/23/2006)

10/20/2006

117

MOTION to Compel production of documents stores at home by times
employees by Steven J. Hatfill. (clar, ) (Entered: 10/23/2006)

10/19/2006

116

DECLARATION of Charles T. Kimmett, Jr. in support of Pltf's [115] Memorandum
in Partial Opposition to Deft's Motion to Modify the Pretrial Order by
Steven J. Hatfill. (pmil) (Entered: 10/19/2006)

Memorandum in Support of [100] MOTION to Stay proceedings filed by
The New York Times Company (UNDER SEAL) (clar, ) (Entered: 10/10/2006)

10/06/2006

101

Memorandum in Support of [100] MOTION to Stay proceedings filed by
The New York Times Company (Redacted public version) (clar, ) (Entered:
10/10/2006)

10/06/2006

100

MOTION to Stay proceedings by The New York Times Company. (clar, )
(Entered: 10/10/2006)

10/06/2006

99

Reply memorandum of points and authorities in Support of [83] MOTION
to Compel the identity of deft's confidential sources filed by Steven J.
Hatfill. (large pleading) (clar, ) (Entered: 10/10/2006)

10/03/2006

98

ORDER that Deft's [75] Motion to Compel Discovery from Nonparties United
States Department of Justice and Central Intelligence Agency is DENIED
(see Order for details). Signed by Judge Liam O'Grady on 10/03/06. Copies
mailed: yes (pmil) (Entered: 10/04/2006)

DECLARATION of Chad R. Bowman in Support of [95] Memorandum in Opposition
to Pltf's Motion to Compel the Disclosure of a Reporter's Confidential
Sources by The New York Times Company. (pmil) (Entered: 10/03/2006)

09/29/2006

95

Memorandum in Opposition to Pltf's [83] MOTION to Compel the Disclosure
of a Reporter's Confidential Sources filed by The New York Times Company.
(pmil) (Entered: 10/03/2006)

09/26/2006

94

ORDER granting [90] Joint Motion to Amend the Current Deadlines for
Expert Discovery. (SEE ORDER FOR DETAILS.)Signed by Judge Liam O'Grady
on 09/26/06. c/s(ctat, ) (Entered: 09/27/2006)

Stipulated continuance of hearing by Steven J. Hatfill, The New York
Times Company. (clar, ) (Entered: 09/25/2006)

09/22/2006

Minute Entry for proceedings held before Judge Liam O'Grady : Appearances;
of counsel.Motion Hearing held on 9/22/2006 re [75] MOTION to Compel filed
by The New York Times Company,. Motion is argued and taken under advisement.
(Tape #ftr.) (nbla, ) (Entered: 09/22/2006)

Consent MOTION to extend expert discovery deadlines by Steven J. Hatfill,
The New York Times Company. (clar, ) (Entered: 09/21/2006)

09/19/2006

87

Declaration of Chad R. Bowman (clar, ) (Entered: 09/19/2006)

09/19/2006

86

Reply in Support of [75] MOTION to Compel discovery from nonparties
United States Department of Justice and Central Intelligence Agency filed
by The New York Times Company. (clar, ) (Entered: 09/19/2006)

09/18/2006

89

NOTICE of Hearing on Motion [83] MOTION to Compel the identity of deft's
confidential sources: Motion Hearing set for 10/6/2006 10:00 AM before
Magistrate Judge Liam O'Grady. Per LO chambers motions will not be heard
on 10/6/06 atty is to re-notice(clar, ) (Entered: 09/19/2006)

09/18/2006

88

ORDER that the parties' Joint Motion for Entry of Protective Order
with Sealing Provisions is GRANTED, and the proposed stipulated protective
order submitted by the parties is hereby ENTERED. (see Order for details)
Signed by Judge Liam O'Grady on 09/18/06. Copies mailed: yes (pmil) (Entered:
09/19/2006)

Opposition to [75] MOTION to Compel discovery from nonparties United
States Department of Justice and Central Intelligence Agency filed by United
States Department of Justice (clar, ) (Entered: 09/12/2006)

09/05/2006

81

AMENDED PROTECTIVE ORDER WITH SEALING PROVISIONS re: handling and labeling
of confidential materials. (see Order for details) Signed by Judge Liam
O'Grady on 09/05/06. Copies mailed: yes (pmil) (Entered: 09/06/2006)

09/01/2006

Minute Entry for proceedings held before Judge Thomas Rawles Jones
Jr.: Motion Hearing held on 9/1/2006 re [72] MOTION for Protective Order
filed by The New York Times Company,, Steven J. Hatfill,. Appearances of
counsel. No objection to entry of order. Matter referred to Judge O'Grady
for entry of order. (Tape #FTR.) (ctat, ) (Entered: 09/01/2006)

Memorandum of law in Support of [75] MOTION to Compel discovery from
nonparties United States Department of Justice and Central Intelligence
Agency filed by The New York Times Company (UNDER SEAL) (clar, ) (Entered:
08/29/2006)

Memorandum of law in Support of [75] MOTION to Compel discovery from
nonparties United States Department of Justice and Central Intelligence
Agency filed by The New York Times Company. (Redacted Public Version) (clar,
) (Entered: 08/29/2006)

08/25/2006

75

MOTION to Compel discovery from nonparties United States Department
of Justice and Central Intelligence Agency by The New York Times Company.
(clar, ) (Entered: 08/29/2006)

Memorandum in Support of [72] Consent MOTION for amended Protective
Order with sealing provisions filed by Steven J. Hatfill, The New York
Times Company. (clar, ) (Entered: 08/28/2006)

08/25/2006

72

Consent MOTION for entry of Protective Order with sealing provisions
by Steven J. Hatfill, The New York Times Company. (clar, ) (Entered: 08/28/2006)

08/23/2006

71

ORDER that the scheduling order in this case is hereby amended insofar
as: Affirmative expert disclosures shall be made on or before 09/20/06
and rebuttal expert disclosures shall be made on or before 10/16/06. No
other deadline in this case is changed by this Order. Signed by Judge Liam
O'Grady on 08/23/06. Copies mailed: yes (pmil) (Entered: 08/24/2006)

08/21/2006

70

Notice of Withdraw of Motion Nonparty United States Department of Justive
to complete its Touhy Review by The New York Times Company (clar, ) (Entered:
08/22/2006)

Minute Entry for proceedings held before Judge Claude M. Hilton: Motion
Hearing held on 8/11/2006 re [58] MOTION to approve application to take
evidence abroad from Stephen Fourie filed by The New York Times Company,
[60] MOTION to approve application to take evidence abroad from James O'DMcgee
filed by The New York Times Company, [62] MOTION to approve application
to take evidence abroad from professor Lothar Bohm filed by The New York
Times Company. Deft's motions to approve application to take evidence -
granted. (Court Reporter Rudiger & Green.) (karn, ) (Entered: 08/15/2006)

Reset Deadline as to [54] MOTION to Compel Nonparty United States Department
of Justice to Complete its Touhy Review. Motion Hearing set for 8/25/2006
10:00 AM before Magistrate Judge Liam O'Grady. (pmil) (Entered: 08/11/2006)

08/09/2006

65

ORDER re: Deft's Motion to Compel Nonparty United States Department
of Justice to complete its Touhy Review (Dkt. 54), that this matter is
CONTINUED to 10:00 a.m. on 08/25/06 for a hearing before Judge Liam O'Grady.
If the Department of Justice completes and serves its response to Deft's
subpoena before that time, the parties shall notify the Court and this
matter shall be removed from the Court's docket. If the Department of Justice
does not complete and serve its response before that time, the Court shall
hear argument regarding this motion at 10:00 a.m. 08/25/06 and resolve
the motion on the merits at that time. Signed by Judge Theresa Carroll
Buchanan on 08/09/06. Copies mailed: yes (pmil) (Entered: 08/10/2006)

08/09/2006

64

Consolidated RESPONSE in Opposition to [58] MOTION to approve application
to take evidence abroad from Stephen Fourie, [60] MOTION to approve application
to take evidence abroad from James O'DMcgee, [62] MOTION to approve application
to take evidence abroad from proffessor Lothar Bohm filed by Steven J.
Hatfill. (clar, ) (Entered: 08/10/2006)

08/01/2006

Per LO chambers motions set for 8/4/06 on papers (clar, ) (Entered:
08/01/2006)

07/31/2006

57

Response to [54] MOTION to Compel nonparty The United States Department
of Justice to complete its touhy review filed by United States Department
of Justice. (clar, ) (Entered: 08/01/2006)

07/21/2006

MOTIONS [54] MOTION to Compel nonparty The United States Department
of Justice to complete its touhy review REFERRED to Judge O'Grady. (clar,
) (Entered: 07/25/2006)

07/21/2006

56

NOTICE of Hearing on Motion [54] MOTION to Compel nonparty The United
States Department of Justice to complete its touhy review: Motion Hearing
set for 8/4/2006 10:00 AM before Magistrate Judge Liam O'Grady. (clar,
) (Entered: 07/25/2006)

07/21/2006

55

Memorandum in Support of [54] MOTION to Compel nonparty The United
States Department of Justice to complete its touhy review filed by The
New York Times Company. (clar, ) (Entered: 07/25/2006)

07/21/2006

54

MOTION to Compel nonparty The United States Department of Justice to
complete its touhy review by The New York Times Company. (clar, ) (Entered:
07/25/2006)

07/06/2006

So Ordered: re: [53] Notice of Attorney Withdrawal as to James E. Grossberg
counsel for The New York Times Company. Signed by Judge Claude M. Hilton
on 07/06/06. Copies mailed: yes (pmil) (Entered: 07/06/2006)

07/03/2006

53

NOTICE OF ATTORNEY WITHDRAWAL by James E. Grossberg, counsel for The
New York Times Company (pmil) (Entered: 07/05/2006)

06/02/2006

Minute Entry for proceedings held before Judge Liam O'Grady : Motion
Hearing held on 6/2/2006 re [47] MOTION for Protective Order filed by The
New York Times Company,, Steven J. Hatfill,. Appearances: Counsel for Pltf.
& Deft. Matter heard - uncontested. Order to be entered. (Tape #FTR.)
(agol, ) (Entered: 06/07/2006)

06/02/2006

52

PROTECTIVE ORDER re: handling and labeling of confidential materials
as to Discovery (see Order for details). Signed by Judge Liam O'Grady on
06/02/06. Copies mailed: yes (pmil) (Entered: 06/05/2006)

06/02/2006

51

ORDER that the Parties' [47] CONSENT Motion for Entry of Protective
Order with Sealing Provisions is GRANTED, and the proposed stipulated protective
order submitted by the parties is hereby ENTERED (see Order for details).
Signed by Judge Liam O'Grady on 06/02/06. Copies mailed: yes (pmil) (Entered:
06/05/2006)

Memorandum in Support re [41] CONSENT MOTION for Entry of Protective
Order filed by Steven J. Hatfill, The New York Times Company. (ltun ) (Entered:
05/26/2006)

05/25/2006

41

CONSENT MOTION for Entry of Protective Order by Steven J. Hatfill,
The New York Times Company. (ltun ) (Entered: 05/26/2006)

04/28/2006

So Ordered re [40] Discovery Plan filed by The New York Times Company
and Steven J. Hatfill. Final Pretrial Conference set for 11/16/06. Discovery
due by 10/27/2006.. Signed by Judge Claude M. Hilton on 04/28/06. (ctat,
) (Entered: 04/28/2006)

Minute Entry for proceedings held before Judge Claude M. Hilton : Status
Conference held on 4/28/2006. Appearances of counsel for both parties.
Final Pretrial Conference set for 11/16/2006 at 10:00 AM before District
Judge Claude M. Hilton. Order entered in open court.(Court Reporter Linnell.)
(ctat, ) (Entered: 04/28/2006)

04/20/2006

39

ORDER that this case is set for a status conference on Friday, April
28, 2006 @ 10:00 a.m. Set Deadlines/Hearings: Status Conference set for
4/28/2006 10:00 AM before District Judge Claude M. Hilton. Signed by Judge
Claude M. Hilton on 04/20/06. Copies mailed.(kbar ) (Entered: 04/20/2006)

11/08/2005

38

ORDER that all all proceedings in this action are STAYED until (1)
the Supreme Court denies the defts petition for a writ of certiorari (or
the deft fails to timely file such a petition), or (2) if said petition
is granted, the Supreme Court disposes of the case on the merits, whichever
is earlier. Signed by Judge Claude M. Hilton on 11/08/05. Copies mailed:
yes (pmil) (Entered: 11/09/2005)

11/03/2005

Per CMH chambers motions set for 11/4/05 on papers (clar, ) (Entered:
11/03/2005)

11/01/2005

37

ORDER of USCA (Certified) as to [27] Notice of Appeal filed by Steven
J. Hatfill, Appellant has filed a bill of costs. The court awards $1045.00
in costs. An itemized statement of costs is attached to this order. A certified
copy of this order shall issue to the clerk of the district court for inclusion
in this court's mandate. (nmck, ) (Entered: 11/01/2005)

10/27/2005

36

ORDER of USCA as to [27] Notice of Appeal filed by Steven J. Hatfill,
Appellant has filed a bill of costs. The court awards $1045.00 in costs.
An itemized statement of costs is attached to this order. A certified copy
of this order shall issue to the clerk of the district court for inclusion
in this court's mandate. (order not certified, cofa notified) (nmck, )
(Entered: 10/27/2005)

10/27/2005

35

USCA JUDGMENT (certified) as to [27] Notice of Appeal filed by Steven
J. Hatfill, In accordance with the written opinion of this court filed
this day, the court Reverses the judgment of the District Court. This case
is ramanded to the District Court for further proceedings consistent with
the court's opinion. (nmck, ) (Entered: 10/27/2005)

ORDER GRANTING [5-1] motions by Nicholas Kristof, The New York Times
to Dismiss the Complaint and this case is DISMISSED ( signed by Judge Claude
M. Hilton ) Copies Mailed: yes [EOD Date: 11/29/04] (pmil) (Entered: 11/29/2004)

11/24/2004

24

MEMORANDUM OPINION - FILED RE: Motions of Defts Kristof and The New
York Times Company to Dismiss the Complaint for Failure to State a Claim
and as to Kristof, because the Court lacks personal jurisdiction over him
( signed by Judge Claude M. Hilton ) Copies Mailed: yes (pmil) (Entered:
11/29/2004)

MOTION by The New York Times for Leave to Respond to Pltf's Correspondence
to the Court dated 11/03/04 (pmil) (Entered: 11/22/2004)

10/21/2004

21

ANSWER to Complaint by The New York Times (pmil) (Entered: 10/27/2004)

10/20/2004

20

Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference
it is hereby ordered that: Upon consideration of the representations made
by counse at the Rule 16(b) Conference, the Court makes the following rulings:
The Proposed Rule 26(f) Joint Discovery Plan is approved and shall control
discovery to the extent of its application unless modified by the Court.
(see order for details) ( signed by Mag Judge Liam O'Grady ) Copies Mailed:
y (nbla) (Entered: 10/25/2004)

Amended NOTICE of Hearing: Motion Hearing Deadline before Judge Claude
M. Hilton set for 10:00 10/15/04 for [5-1] motion by Nicholas Kristof,
The New York Times to Dismiss the Complaint (clar) (Entered: 09/30/2004)

ORDER that Pltf shall have through and including 10/06/04 to file his
opposition to defts' pending Motion to Dismiss; Defts shall have through
and including 10/12/04 to file a reply brief, if they elect to file one;
Pltf's opposition and defts' reply, if any, shall be served by hand delivery,
facsimile or email; Defts shall file an amended Notice of Hearing resetting
their Motion to Dismiss for hearing on 10/15/04 ( signed by Judge Claude
M. Hilton ) Copies Mailed: yes [EOD Date: 9/17/04] (pmil) (Entered: 09/17/2004)

NOTICE of Hearing: Motion Hearing Deadline before Judge Claude M. Hilton
set for 10:00 10/1/04 for [5-1] motion by Nicholas Kristof, The New York
Times to Dismiss the Complaint (pmil) (Entered: 09/14/2004)

09/10/2004

8

Declaration of Adam Rappaport, associate atty w/counsel for defts',
The New York Times, Nicholas Kristof in Support of [5-1] motion by Nicholas
Kristof, The New York Times to Dismiss the Complaint (pmil) Modified on
11/30/2004 (Entered: 09/14/2004)

09/10/2004

7

Declaration of Nicholas Kristof in Support of [5-1] motion by Nicholas
Kristof, The New York Times to Dismiss the Complaint (pmil) (Entered: 09/14/2004)

09/10/2004

6

MEMORANDUM OF LAW by The New York Times, Nicholas Kristof in support
of [5-1] motion by Nicholas Kristof, The New York Times to Dismiss the
Complaint (pmil) (Entered: 09/14/2004)

09/10/2004

5

MOTION by Nicholas Kristof, The New York Times to Dismiss the Complaint
(pmil) (Entered: 09/14/2004)

08/31/2004

4

WAIVER OF SERVICE Returned Executed as to Nicholas Kristof 7/14/04
(COPY); Answer due on 9/13/04 for Nicholas Kristof (Notified Cnsl for Pltf
that Original Waiver for Kristof needs to be filed) (pmil) Modified on
09/07/2004 (Entered: 09/02/2004)

08/31/2004

3

WAIVER OF SERVICE Returned Executed as to The New York Times 7/14/04
Answer due on 9/13/04 for The New York Times (pmil) (Entered: 09/02/2004)